Rajendra Pandurangji Wankhade vs S.T. Certificate Scrutiny ...
2023 Latest Caselaw 8335 Bom

2023:BHC-NAG:12333-DB
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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    NAGPUR BENCH : NAGPUR

                                    WRIT PETITION NO. 5090/2023


                    Rajendra Pandurangji Wankhade,
                    Aged about 52 years, Occu.: Presently
                    working as Assistant Teacher in Swarup Singh
                    High School, Pathrot, Tal. Achalpur,
                    District Amravati.
                    R/o. Pathrot.                                ----PETITIONER

                           --VERSUS--
               1.   Scheduled Tribe Certificate Scrutiny
                    Committee, Yavatmal
                    through its Vice- Chairman,
                    Office at - Sai Uttamvilla, Near Rangoli
                    Ground, Shastri Nagar, Yavatmal.

               2.   Swarup Singh High School Pathrot,
                    Tal. Achalpur, District - Amravati,
                    Through its Head- Master.                      ----RESPONDENTS

              Mr. Sandeep Marathe, Advocate for Petitioner.
              Mr. A. M. Deshpande, i/c. Government Pleader for Respondent No.1/State.

                     CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : AUGUST 17, 2023

ORAL JUDGMENT (PER : A.S.CHANDURKAR, J.)

1. Rule. Rule made returnable forthwith and heard the learned

Counsel for the parties.

2. Mr. A. M. Deshpande, learned in-charge Government Pleader

waives service of notice for respondent No.1.

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3. Considering the nature of direction proposed to be issued, the

service on respondent No.2 is dispensed with.

4. The petitioner is serving as an Assistant Teacher with the

respondent No.2 - School having been appointed on the post reserved for

candidates from the Scheduled Tribe Category. His claim for seeking

issuance of Validity Certificate is pending with the respondent No.1 -

Committee since 11.06.2013. According to the petitioner, the respondent

No.2 is insisting upon production of the Validity Certificate and hence the

petitioner seeks a direction to be issued to the Scrutiny Committee to

decide his claim expeditiously.

5. The learned in-charge Government Pleader for respondent

No.1 on instructions submits that since a re-enquiry has been directed, the

Committee would decide the claim within a period of six months.

6. In view of the aforesaid, the Writ Petition is disposed of by

directing the Scrutiny Committee to complete the process of verification

within a period of six months from today. The petitioner shall co-operate

with the Scrutiny Committee in undertaking such adjudication.

7. Till the claim of the petitioner is decided by the Scrutiny

Committee, his services at the respondent No.2 - School shall not be 3/3 11.wp.5090.23-J.odt

disturbed only on the ground that he does not possess the Validity

Certificate.

8. Rule is disposed of in the aforesaid terms with no order as to

costs.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

RGurnule .

Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 18/08/2023 15:00:42